By accessing or using the Kindrd Services (whether or not you create a member account), you agree to be bound to the Terms. That means that if you don’t agree to these Terms, please don’t use the Kindrd Services. Additionally, you must abide by our Rules, which are found here: [link to Rules], and are incorporated into the Terms. Please read the Rules, which include important rules and guidelines governing the behavior we expect of Kindrd Services users, as well as the actions we may take if you do not follow the Rules.
Kindrd may update these Terms from time to time. We will let you know if we make significant changes by sending a notice to the email address connected with your Ello Services account, or by placing a notice in a prominent place on our web site. If we make a significant change, the notice we provide will indicate when the change will be effective. If you do not agree with the upcoming change, please delete your account. If you continue to use the Ello Services after the stated effective date, you will be deemed to have accepted the change.
To be eligible to use the Kindrd Services, you must be at least 13 years old, you must be old enough to enter into a contract with Kindrd, and you must have a valid email address. You must create an account to post content on the Kindrd Services and to access other features offered only to account holders. We require an email address, password and a username, which may or may not be your real name. You must provide an email address that is actually yours. When you sign up to become an Kindrd Services member, you will also be asked to choose a username and a password. Usernames are allocated on a first come, first serve basis. Kindrd reserves the right, in its sole discretion, to (a) refuse to issue a particular username, or (b) remove or reclaim any username. For instance, we may refuse to issue a username or reclaim a username if a third party that owns a trademark complains that a username violates that third party’s intellectual property rights, or if we determine that such user name impersonates someone else, misappropriates a person’s right of publicity, is illegal, or offensive. Your username is how you will be publicly identified, along with any photo you associate with your account.
When You Post on the Kindrd Services
We don’t claim ownership over any Content that you post on the Kindrd Services. “Content” means any content or creative expression that you’re able to upload or post on the Kindrd Services, including text, images, files, animations, logos, comments, or otherwise. However, when you post or transfer Content to the Kindrd Services, you give us a non-exclusive, royalty-free, world-wide, perpetual, transferable license to use, store, reproduce, adapt (so we can properly post your Content), distribute and publicly display your Content in order to provide or promote the Kindrd Services.
You are responsible for the Content you submit to the Kindrd Services. You assume all risks associated with it, including accuracy, intellectual property claims, or any other legal rights claims. You represent and warrant that (i) you either own the Content you post, or that you have all necessary rights to post that Content on the Kindrd Services, (ii) your Content does not infringe any third party’s rights, and (iii) you can grant the licenses you grant in these Terms.
When you post on the Kindrd Services, you are agreeing to allow other Kindrd Services members and members of the public (unless agreed otherwise between yourself and Kindrd) to view, distribute and display your Content. Consider the Content you post on the Kindrd Services to be publicly available indefinitely since it may be distributed by other Kindrd Services members through social media or otherwise, or be cached on third party search engines, even after your Kindrd Services account is terminated. Be aware that it is extremely difficult to remove content from the Internet that becomes publicly available.
We reserve the right (though we have no obligation) to refuse or remove any Content you post or transfer to the Kindrd Services for any reason.
You understand that when using the Kindrd Services, you may be exposed to content from a variety of sources, and that Kindrd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such content. You may be exposed to content that are inaccurate, offensive, indecent, sexually explicit and other adult oriented content, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Kindrd with respect thereto.
Unless requested by law enforcement or the government, Kindrd will never sell, distribute or share your Content outside of the Kindrd Services without your permission. However, as mentioned above, other Kindrd Services users may distribute and share your Content outside of the Kindrd Services.
At any time, you may delete your account in your account “Settings.” Additionally, we reserve the right to terminate or suspend your account at any time, with or without notice. When your account is terminated, you no longer have the right to access or use the Kindrd Services. When your account is deleted or terminated, we will use reasonable efforts to remove all of your personal data from the Kindrd Services. However, there may be a delay between your request and when the Content or account is publicly visible due to technical or operational limitations. Note that we do retain backups of Content on our servers, and some of your Content may remain on our servers (though not publicly visible) even after you ask to have it deleted. If you delete your account or Content, it may be permanently unrecoverable.
We may modify our Services at any time, since the Kindrd Services are a constantly changing and evolving service. We may delete or modify any part or all of this Service at any time, without notice. We may add features and functionality from time to time, and we reserve the right to limit use of certain features or functions.
Also, if you haven’t logged into your account for 365 days, we may delete your account to make room for new users. We will send you a warning e-mail to let you know that your account is about to be removed, giving you a chance to log in and keep your account.
If you use a robot to post on the Kindrd Services, or to sign up for multiple accounts, or to follow lots of other users, we may delete your account. If you follow too many other users we may delete your account.
Property We Own and Restrictions
Kindrd owns all rights to our logo, the Kindrd Services, and our website, including any intellectual property rights related to them. You may not reuse, distribute, copy, or duplicate any part of the Service, including the Kindrd HTML/CSS, JavaScipt, logos, or visual design elements without express written permission from Kindrd.
Content You Post
Kindrd may offer some features or functionality for a fee. Fees are stated in Pound Sterling, and you’ll be responsible for any applicable sales taxes or other charges arising from the transaction. Even though you’re paying for a feature or functionality, you don’t own it – you’re purchasing the right to use or access that feature or functionality. Fees are non-refundable. Kindrd may charge fees at any time in its discretion. We will not collect credit card numbers – instead, we will use a trusted third party credit card or payment processor.
No Children Under 13
You need to be 13 years or older to use the Kindrd Services. If you’re under 13, please don’t use the Kindrd Services. If we learn that you or anyone else is under 13 and is using the Kindrd Services, we’ll close the child’s account.
Security and Responsible Disclosures
We do our best to protect our service from security vulnerabilities, and to make the Kindrd Services better. You can read about this in our Security Policy.
Kindrd has rules that all users must follow. You can find them here.
DMCA Copyright Policy
Kindrd complies with the Digital Millennium Copyright Act (“DMCA”). We will terminate copyright infringers when legally required or appropriate.
If you see your Content on Kindrd being used without your permission, you can contact Kindrd’s Designated Agent for receipt of infringement notices by emailing email@example.com.
Your notice must comply with the DMCA. For your request to be valid under the DMCA, you must provide the following information in writing: (a) An electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) Identification of the copyrighted work that you claim has been infringed; (c) Identification of the material that is claimed to be infringing and where it is located on the Service; (d) Information reasonably sufficient to permit Company to contact you, such as your address, telephone number, and, e-mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Other Stuff Our Lawyers Made Us Put In
You acknowledge and agree that Kindrd’s servers and operations are in the United Kingdom. As a result, regardless of where you live, your Content is transferred to and stored in the United Kingdom, and you hereby consent to the transfer, processing, and storage of your Content in the United Kingdom.
Use Restrictions. The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service, (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service, (c) you shall not access the Service in order to build a similar or competitive website or service, and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form by any means.
No Warranty. THE SERVICE AND ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ELLO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE SERVICE OR CONTENT ON THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. These limitations may not apply if the jurisdiction in which you reside does not allow these exclusions.
You understand that Kindrd is not responsible or liable for, and you hereby release Kindrd, to the fullest extent allowed by applicable law from: (a) your interactions or disputes you have with other Kindrd Services members, whether those interactions are through the Kindrd Services or in the real, physical world, (b) your own acts and omissions, and (c) your Content. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELLO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ELLO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) TOTAL FEES PAID BY YOU TO ELLO DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Entire Terms. These terms and the rest of our legal terms constitute the entire agreement between you and us regarding the use of the service. Our failure to exercise or enforce any right or provision of these terms shall not operate as a waiver of such right or provision. The section titles are for convenience only and have no legal or contractual effect. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Kindrd’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Kindrd may assign the Terms at any time without restriction. The terms and conditions set forth in these terms shall be binding upon assignees.
These terms shall be governed by the laws of the United Kingdom without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. If you believe that Kindrd has not adhered to these terms, please contact Kindrd by e-mail at firstname.lastname@example.org. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and Kindrd are unable to reach a resolution to the dispute, you and Kindrd will settle the dispute exclusively under the rules of the Advisory, Conciliation and Arbitration Service (http://www.acas.org.uk/). Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. You and Kindrd agree that any arbitration will be limited to the dispute between Kindrd and you individually. You acknowledge and agree that you and Kindrd are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Kindrd otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.